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Is there a way to find out if you will pass a background check?

ebb

The next-door neighbors kid got in some trouble right out of high school, now 15 years later and changing his ways he asked me if there was a way to find out if he was eligible to own a firearm. I had heard years ago if you try to buy a gun and get a negative on the background check, it is treated as a crime. I have no idea what to tell him. I tried a google search and got a lot of garbage but nothing that had an answer. He said he was convicted of a felony and served 30 days. I thought a felony got you a year or more??? thanks, he is turning into a pretty good kid
 
Look, it is like this, if he is a convicted felon, even if he was sentenced to less than a year, he is prohibited from possessing a firearm. He has also perjured himself if he lies on the 4473 & signs it as true. He likely won't be prosecuted, however, I would not suggest lying on the form.

He may be able to get an explungment or a pardon, he needs legal advice in your state.
 
The short, easy answer is if he's a convicted felon, then no he can't purchase a gun. If he was convicted of a felony, but served his time/probation and his sentence was reduced to a misdemeanor, then yes he can buy a firearm. I also don't believe it's a crime to not pass a background check if you really don't know otherwise. Of course state laws can be different. I also second the expongement of records and a lawyer.
 
My brother had a felony drug possession charge when he was younger. Did all court ordered him to do and had charges dropped to a lower Offense. He had bought several guns over the years. No issue with rifles, but gets put on a deeper check when it comes to pistols.
 
ebb said:
The next-door neighbors kid got in some trouble right out of high school, now 15 years later and changing his ways he asked me if there was a way to find out if he was eligible to own a firearm. I had heard years ago if you try to buy a gun and get a negative on the background check, it is treated as a crime. I have no idea what to tell him. I tried a google search and got a lot of garbage but nothing that had an answer. He said he was convicted of a felony and served 30 days. I thought a felony got you a year or more??? thanks, he is turning into a pretty good kid
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The government has no interest in prosecuting people that don't pass a background check. The background check is not meant to do anything other than to impede and interfere with law abiding people exercising their 2nd Amendment rights.
 
There's no penalty for failing a BGC.
I've run 1000's of them. There is no way of knowing if you'll pass in advance. But, you could go to nearest FBI office. They can run the check & let you know.
I've had people denied for no reason. When they went to an FBI office, it all got sorted out quickly.
 
Do NOT play attorney - this is a question for a licensed attorney.

Obtain a written legal opinion from the attorney so if any future issues arise, it will show due diligence to comply. This is what my lawyer advised when I had a tax question / issue. In other words, it show good faith effort to comply with the law.
 
The person in question told me at the start he has a conviction, we just don't know if it rises to being denied 2nd amendment rights.
 
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